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University oi the State oi New York Bulletin 

Entered as second-class matter August 2, 1913, at the Post Office at Albany, N. Y. 
under the act of August 24, 1912 

Published fortnightly 


No. 655 ALBANY, N. Y. January 15, 1918 

1-- 

: T 

MEADE 

Division of Archives and History 

JK 277 
. N75 
opy 2 


A SYLLABUS IN GOVERNMENT 



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BASED UPON THE SYLLABUS IN THE SIXTH ANNUAL REPORT OF THE STATE 

DEPARTMENT OF EDUCATION 



ALBANY 

THE UNIVERSITY OF THE STATE OF NEW YORK 

1918 

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INTRODUCTORY NOTE 


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Since the enfranchisement of women in New York State the 
State Education Department has received numerous requests for a 
syllabus in civics which would be of use to teachers, leaders and 
women generally in learning about the government. In some of 
these requests the idea seems to prevail that the women must have 
a treatise along somewhat different lines from those prepared for 
men. Nothing of course is further from the truth. The duties of 
women in the State and their participation in voting are the same 
as for the men. A treatise suitable for the latter is equally good for 
the former. 

The State Education Department had already had prepared in 
1910 a syllabus in civics for high schools, which is still the prescribed 
requirement. This was drawn up along lines representing the most 
recent tendencies prevalent in the study of the subject. From that 
time to the present there have been but slight modifications recom¬ 
mended by the most progressive leaders. It was therefore deemed 
advisable to reissue this syllabus in separate form, incorporating in 
it such changes as have been made necessary by lapse of time. 

It is perhaps superfluous to add that this syllabus can not take 
the place of a textbook or a teacher, and is intended to be used in 
conjunction with one or several of the excellent works which are 
now issued by educational publishers. The attention of the users 
of this syllabus is called particularly to another issued by the Divi¬ 
sion of Agricultural and Industrial Education of this Department 
and entitled “ Citizenship Syllabus —A course of Study and Sylla¬ 
bus in Civic Training and Naturalization for Adult Immigrants in 
Evening Schools.” The latter has not had the circulation that it 
should have had. It may be had on application to the Division 
above referred to. 

In every local library there should be found a copy of the most 
recent issue of the “ Legislative Manual,” issued by the office of the 
Secretary of State at Albany. This contains always the state and 
federal constitutions and the most recent information about the 
state government and its activities. The cities and villages usually 
issue manuals which may be obtained from the clerks of those 
political units and the clerk of the board of supervisors in each 
county has for distribution the annual report of that board showing 
county and town activities. 


3 


4 


Textbooks on government are to be obtained from almost every 
educational publisher. Teachers and students will find an invalu¬ 
able guide in the report of the Committee of Seven of the American 
Political Science Association entitled “ The Teaching of Govern¬ 
ment,” published by the Macmillan Company, and all should have 
it in their possession. 


In a country governed by popular suffrage, where free schools 
are maintained to train citizens, the study of civics assumes an 
importance second to the study of no other subject. It is not, how¬ 
ever, a subject easily presented to students. Government, like the 
air, is pervasive and its presence is not ordinarily felt. Almost 
the only government of which the youth in the country or village 
is conscious is that of the home and of the school. There is, there¬ 
fore, specially in rural districts, little apperceptive basis on which 
to build. The method of presenting civics, that began with the 
national government and ended with the township, generally failed 
to use even the small amount of concrete material available. Civics is 
became too bookish and abstract for great numbers of high school 
pupils and even college students. Its study resulted in the acquisi¬ 
tion of empty words and phrases or, at best, in burdens of knowledge 
that were unrelated in the pupil’s mind to daily life and duty. 

The syllabus here given reverses the old order of presentation. 

It begins with what is concrete and near at hand. It concerns 
itself, first of all, with those means, activities and agents of govern¬ 
ment that are local. It aims to connect the study of civics with the 
daily life of the student and to emphasize the importance of local 
government because it is historically the source of all government. 

This syllabus has been prepared then to meet the needs of stu¬ 
dents whether in the city or in the country and its use will vary 
according to the environment of the student. In the city, municipal 
government, and, in the country, the government of the school dis¬ 
trict and the township should first be studied. The student should 
be made acquainted not only with the forms and instruments of 
local government but with its activities and, when possible, with its 
agents or officials. If local civics has been well taught in the 
elementary school, less time needs to be given to this part of the 
work in the high school and college; but a reasonable acquaintance 
with local government is essential. 

When once a basis of civic facts and experiences has been estab¬ 
lished from local sources, state government, which embraces most 
of the relations of daily life, should be taken up. The state consti- 



5 


tution, as the fundamental law, should here be presented with 
sufficient detail to reveal its source, its nature and its large out¬ 
lines. The many ways in which the state controls or may control 
the citizen should be made clear and the duties of the citizen to the 
state should be fully discussed. Thus the student is made ready 
for the study of the federal powers and activities which the people 
of the states have intrusted to the national government. At this 
point history and civics meet. The study of the constitutional 
period shows the origin of national government and the study of 
subsequent history, including the present, is largely a study of 
national development under the constitution. 

By preparation of the kind outlined, the student will be enabled 
to digest his knowledge by classifications, comparisons and generali¬ 
zations, to review from a higher level all he has learned either of 
history or of civics; and if his attention shall have been directed 
to government rather than to misgovernment, he will be inclined to 
feel, “ I am a citizen and, with my fellow citizens, a ruler of no 
mean country.” 

Preliminary Steps 

Note. The student will, as between the school district, town, village, city, 
and county, naturally turn first to the one of most immediate interest tb 
him, and give it most attention. The syllabus, however, to be adapted to 
the needs of students all over the State, has to cover all units. 

1 Make a list of some twenty or more services rendered to the 
pupils or their families by some governmental unit and classify 
these as rendered by ( a ) the school district ( b ) the town, village 
or city, ( c ) the State, ( d ) the Nation, and discuss the relative 
importance of these various services to the well-being of the citizen. 

2 Determine why these services are not left to the individual 
to perform; the advantages of cooperation; the necessity of some 
surrender of individual control in any organized community. 

3 A brief resume of the rise of cooperative control by the body 
of citizens in our own country as seen in building stockades, roads, 
schools, supporting a church, etc. 

The School District 

A study of the school district to bring out the following points: 

1 How composed. 

2 Its boundaries, how determined. 

3 Its officers and the duties of each. 


6 


4 Its independence of town and village governments. 

5 School meetings — annual and special; the business trans¬ 
acted at school meetings. 

6 Union free school districts, how they differ from common 
school districts. 

The Town 

1 The study of the activities of the town. 

a In road-making and bridge-building. Importance of roads to 
the farmer. Good and bad kinds of road. Share of the county 
and of the State in road-making and maintenance. 
b The care of the poor. 
c The keeping of order. 

d The town meeting; its working in theory and practice. Elec¬ 
tion of town officers. Voting of funds. 

2 The town officials: the double service of the supervisor; other 
officials and the duties of each. 

Note. It will add interest and reality to the study if the officials themselves 
will meet the class and explain the nature of their services to the town. At any 
rate, legal blanks should be secured from the different officials and their use 
made clear. 

The Village 

Note. Naturally small villages do not have so many functions as large 
villages. 

i A study of the particular natural advantages or conditions which 
have caused the relatively close settling of a number of families 
in a small area. The new conditions made necessary by such 
centers of population: 
a Macadamized or paved roads. 
b Sidewalks and curbs. 
c Sewers. 

d Street lights. Whether under public or private control. Rela¬ 
tive advantages. Method in other villages. Cost. 
e Water supply. Public or private. Relative advantages. 

Methods in other villages. Cost. 

/ Removal of refuse. 
g Street cleaning. 

h Fire protection. Volunteers or paid department. 
i Care of the public health. 
j Administration of justice. 
k Graded and higher schools. State supervision. 


7 


2 Classes of villages; the village charter, class to which the stu¬ 
dent’s village belongs. The village officials: the terms of office 
and duties of each. 

3 Election of the village officers. Time, and reason for it. 

4 Voters at elections and on the budget. Difference. 

The City 

1 A study of the natural advantages and other conditions which 
have caused the citizen’s place of residence to become a city. 

2 The street as an element of city life. How the activities and 
conditions named in 3 to 7 are cared for in the student’s home 
city; what official is responsible for each activity; how he gets 
his position; how he may be made to perform his function prop¬ 
erly; and, throughout, a comparison with the practices of other 
cities within and without the State. 

3 The laying out (including condemnation proceedings) of streets; 
their paving and maintenance; kinds and relative cost and dura¬ 
bility of surfaces; right to tear up pavement; duty to replace; 
sidewalks and curbs; cleaning of sidewalks; rules of the road 
and traffic regulations. 

4 Bridges; to be studied in the main as roads. 

5 Other utilities found on, in or under the streets: 

a Sewers and sewage disposal. Relative merits of various 
methods. 

b Street lights; how supplied. 
c Gas mains and connections. 
d Electric wires; pole or conduit system. 
e Water, mains and connections. 

/ Transportation lines; surface, elevated or subway. 
g Steam railways in streets; grade crossings. 

6 Street cleaning; snow removal. 

7 In the case of each of the foregoing utilities, a discussion (if 
apposite) of public versus private ownership. In case of the 
latter, a discussion of the obtaining of the franchise. The wel¬ 
fare of the community as dependent upon the proper manage¬ 
ment of these utilities. 

8 The rights and duties of citizens on the streets. 

9 Building laws and permits. Peculiar problems of city life aris¬ 
ing from the existence of tenement houses and high buildings; 
how met and regulated. 


8 


10 Fire department; effect of its efficiency on insurance rates. 

11 Police work; preventive, protective. 

12 The school system; methods of selecting teachers; compulsory 
school law and its enforcement; different from other depart¬ 
ments ; why ? 

13 Parks and recreation centers; baths; washhouses. 

14 Museums, lectures, free concerts. 

15 Care of the poor; city institutions. 

16 Care of the sick and injured; health department; clinics; 
hospitals; housing; the tenement house department. 

17 City courts; civil and criminal; juvenile; relation to county 
and state courts. 

18 City penal institutions. 

19 City finances: 

a The cost of the services mentioned in 10-18. 
b Sources of revenue: licenses, fines, fees, rentals of public 
property, taxes, special assessments. 
c Assessments for taxation purposes. The real estate and per¬ 
sonal tax, with reasons for growing neglect of latter. 
d The tax rate. City rate as compared with state and federal 
taxes. 

e Making the budget. Revenues and expenses for the last 
financial year. 

/ City debt; limitations. 

20 Systematic outline of the framework of the city government 
with a tabulation of the chief officials and their duties, where 
feasible using the city charter as a guide. Officials removable 
by state authority. Classification of officials as legislative, 
executive or judicial. 

21 Choosing of above officials. City elections; when held, and why 
at that time. National party lines usually not drawn in city 
affairs. Duty of the citizen to take part in organized city 
politics. 

22 Classes of cities. Classification of the student’s city. The 
charter; how obtained; its functions; changes in the charter, 
how made. 

23 Comparison of general systems of city government. The 
council plan. The commission plan (Buffalo, Des Moines, 
Galveston). The city manager plan (Dayton, Ohio). Need of 
fixing responsibility. Efficiency. Home rule. Scientific 
budget. 


9 


24 City planning; beautifying; residential and business areas; 
terminals and transportation; markets. 

25 Comparison of our systems with those in Great Britain, France 
and Germany. 

The County 

The county has hitherto been largely ignored in the study of 
civics. The collection of its taxes at the same time and on the same 
bill as the local tax leads to this. It has important distinctive 
services. Many cases at law go to county courts. Registration of 
deeds and mortgages and probate and administration of wills are 
county functions. The main highways and bridges are also chiefly 
under county control outside the great cities. The county is 
responsible for the preservation of order. 

1 City counties. New York City includes several counties. In 
such a case city and county government in part coincide, and cer¬ 
tain county officials are replaced by city officials. 

2 County officials: duties of each; how chosen; how removed. 

3 County finances: 

a The expenses of the county. 
b The county tax; how levied; how collected. 

4 The judicial system: 

a The grand jury: composition; selection; duties (indictment, 
presentment) ; mode of procedure. 
b The trial or petty jury: lists of jurors, and how made; liability 
to jury duty, and exemption therefrom; duty of the citizen to 
serve as a juror; selection of the panel; number; requirement 
of unanimous verdict; pay of jurors. 
c Duty of district attorney. 
d Duties and jurisdiction of county judge. 

e Duties of sheriff; in execution of civil judgments and crim¬ 
inal sentences; preservation of order; the posse comitatus. 
f The crime of perjury. 

The Government of the State 

I The constitution of the State of New York 

A By whom established; why established; how established; by 
whom drafted. 

B Importance of the constitution as the fundamental law seen: 
1 In guaranteeing personal rights; history of, in England and 
America. 


IO 


2 In determining suffrage and the manner and the time of 
voting. 

3 In creating legislative bodies, defining their duties and limit¬ 
ing their action, “ checks and balances.” 

4 In creating executive and administrative offices and defining 
the duties thereof. 

5 In creating state and local courts. 

6 In safeguarding state and local credit and caring for public 
property and public institutions; bond issues. 

7 In providing free schools and academies. 

8 In providing for its own amendment; methods; constitu¬ 
tional convention. 

II Activities of the State 

The State the greater regulator of our everyday life, as shown 
A In its creation and control of: 

1 The school district, the town, city and county, with their 
close relation to our daily life as already shown. 

2 The personnel of the voting body, by fixing their qualifi¬ 
cations, even those of voters for federal officers. 

3 The number, kind and qualifications of the elective and 
appointive officers of the lesser units, including the power 
of removing many city and county officials by state 
authority. 

B In its enactment and enforcement of the great majority of 
the laws which govern the citizen in his daily life, such as: 

1 Creation and safeguarding of all civil and property rights; 
by means of local and state police; militia or national 
guard; regulation of transfers and inheritances. 

2 Creation and control (save for interstate commerce) of 
all corporations. 

3 Special control of all banks and trust companies save 
national banks, and of all insurance companies and build¬ 
ing and loan associations. 

4 Control of all common carriers so far as traffic within the 
State is concerned. 

5 License and control of the liquor business. 

6 Sanitary regulation. 

7 Exercise the right of eminent domain. 

8 Supervision of education, vocational, physical, military. 

9 Authorization of the levying of all taxes for state and local 
purposes. 


II 


io Provision for certain portions of the defective, dependent 
and delinquent classes. 

Ill Organization of government 

These various activities of the State, as of the local unit, require 
for their exercise the three organs of government: the lawmaking, 
the law interpreting, and the law enforcing; or the legislative, judi¬ 
cial, and executive departments. 

A The state legislative department, 
i The state Legislature 

a The source of the lawmaking power, representing “ people 
of the State of New York.” 

b The Legislature divided into two houses; advantages; dis¬ 
advantages. 

c Composition of Senate; how elected; compensation. 
d Composition of Assembly; apportionment; the state cen¬ 
sus; election; compensation. 
e The Assembly at work 

(1) Organization 

(a) The speaker: his election; the party caucus; pow¬ 
ers of the speaker, in the appointment of committees; 
in his “ recognition ” of members, in his chairmanship 
of the committee on rules, (b) The clerk, (c) Minor 
officers. 

(2) Making a law; rules of the Assembly which govern; 
distinction between a legislative bill and a law. 

(a) Safeguards against hasty and ill-considered legis¬ 
lation. 

Introduction of a bill — its sponsor. 

Printing and publicity. 

The three readings on three different days. 

Reference to a committee that discusses, may amend 
and may give public hearings. 

Revision, if necessary, by special revision committee. 
Report of bill by its committee to house; possible de¬ 
bate, amendment and recommittal to original com¬ 
mittee or some other committee. 

Note. All legislative bills must pass both houses, each of which takes 
similar precautions before it goes to the Governor, who may seek expert 
advice and give public hearings before making a bill a law by his signature. 

(b) Legislative committees: majority and minority com¬ 
position ; the principal committees; the great advant¬ 
age of committees; evils of. 


12 


(c) Majority and minority leaders in the Assembly; 
advantages of this leadership. 

( d ) The speaker and clerk, their services. 

'/ The Senate at work 

(1) Organization. 

( a ) The Lieutenant Governor as presiding officer; his 
voting power; influence compared with that of the 
speaker of Assembly. ( b ) The president pro tempore. 
(c) The Clerk. (d) Minor officers, (e) Majority and 
minority leaders. 

(2) The course of a bill; rules of the Senate which govern; 
similar procedure to that of the Assembly. 

Bills may originate in either house [see Constitutional limitation 
of right to originate money bills to lower house in Congress], and 
from it pass to the other house. 

Conference committees where the two houses fail at first to agree 
on a measure. 

[For course of a bill after it leaves the Legislature, see powers of 
Governor. ] 

g Legislative commissions: joint, or of either house, for 
investigating any matter whatsoever within compass of 
state legislation. 

h Powers peculiar to each house. 

(1) Assembly may present impeachments of high state 
officials. 

(2) The Senate, with the justices of the Court of Appeals, 
the court for trial of impeachments. The right of con¬ 
firmation or rejection of appointments by the Governor. 

i Powers common to the two houses: 

In joint session to elect the Regents of the University of 
the State of New York. 
j General powers of the Legislature: 

Limited only by federal and state constitutions; otherwise, 
may pass any law it pleases. Scope of state legislation 
therefore much more varied than that of federal leg¬ 
islation. 

B The state executive. 

1 The Governor. 

Overshadowing importance of Governor; due to 
a His share in legislation, as shown by: 

(1) Regular and special messages to the Legislature. 


13 


(2) Power to call special sessions of Legislature 
which have the right to deal only with measures in¬ 
dicated in special call. 

(3) Power over a bill which has passed the Senate and 
Assembly: three ways in which a Governor may treat 
a bill; the power to veto single items of an appropria¬ 
tion bill. 

(4) His influence with individual members of the 
Legislature. 

(5) Placing responsibility on him for his part in signing 
a bill. 

b His executive powers as shown by: 

(1) Appointment of a large number of administrative 
officials and boards charged with the duty of carry¬ 
ing out the laws of the State (see the Legislative 
Manual) the more important of which are: 

(o) Commissioner of Excise, ( b ) Civil Service 
Commission, (c) State Industrial Commis¬ 
sion, ( d ) Public Service Commissions: one 
for metropolitan district, one for remainder 
of State, ( e ) Superintendent of Banks, 
(/) Superintendent of Insurance, ( g ) Com- 
. missioner of Agriculture. 

(2) Power of removal of certain state officers with 
consent of the Senate; and of certain county and city 
officers independently; supervision and responsibility. 

(3) Control of the militia; relation of to federal army; 
military census. 

(4) Power to assign justices to special duties. 

(5) Power to fill vacancies in certain judicial, county 
and state offices, to issue writs for the election of a 
United States Senator or Representative when a 
vacancy occurs, and to appoint (provided the Legis¬ 
lature so empowers him) a United States senator to 
a vacant seat pending election. 

c His judicial powers as shown by: 

Right of reprieve, commutation and pardon. (Boards 
of pardon in some other states). 

2 Elective executive officials. 

1 Governor 

2 Lieutenant Governor 

3 Secretary of State 


14 


4 Comptroller 

5 Treasurer 

6 Attorney General 

7 State Engineer and Surveyor 

Election; term; general duties; removal by impeachment. 

Executive power of the State divided, or in commission, be¬ 
cause these elective officials may be of different parties. 
Lesser officials independent of Governor; in no sense a 
cabinet; advantage or disadvantage of this arrangement. 

3 The State Education Department: 

a The Education Department embraces in its jurisdiction 
the entire field of educational supervision and administra¬ 
tion. It is governed by a Board of Regents and a Com¬ 
missioner of Education, who is also President of the 
University of the State of New York. The Commissioner 
of Education appoints three assistant commissioners, one 
of whom acts as his deputy and each of whom has 
charge respectively of higher, secondary and elementary 
education. Statutory provisions in regard to education 
and state appropriations for educational purposes are, of 
course, made by the Legislature but numerous legislative 
powers over matters of detail are delegated to the Board 
of Regents, and full executive and administrative powers 
are intrusted to the Commissioner of Education both by 
the Legislature and by the Board of Regents. The Com¬ 
missioner of Education also acts as chief judicial officer 
in all questions of law pertaining exclusively to the pub¬ 
lic school system. 

b The Board of Regents: 

(1) How constituted: number; choice; term of office; 
when established; original purpose. 

(2) Duties. 

(a) Confirmation of appointments, ( b ) granting of 
charters, (c) inspection and examination, ( d ) care 
of the State Library and the State Museum, (e) 
care of public libraries and educational extension, 
(/) care of the historical records and archives of the 
State, (g) supervision of academic and professional 
degrees. 

c The Commissioner of Education and President of the 
University of the State of New York: 


15 


(1) How chosen. 

(2) Duties. 

(a) Appointment of subordinates, (b) general super¬ 
vision of schools, school officials and educational in¬ 
stitutions, ( c ) distribution of state appropriations for 
education, ( d ) judicial powers, original and appellate: 
interpreting school laws; deciding appeals. 

C The state judiciary. 

Has jurisdiction in cases beyond the power of inferior and 
county courts, and on appeal from such. 

1 The Supreme Court; judicial districts; election of justices; 
their number and term. 

2 Appellate divisions of the Supreme Court; number; how 
justices are assigned to each. 

3 The Court of Appeals; judges; their election, number and 
term; jurisdiction. 

4 The Court of Claims; constitutional reason for it. 

IV Instruments of government 

A Finances: 

1 State budget: methods of preparation ; expenses for: 
a State administrative departments. 

b The Legislature. 
c The judiciary. 
d Prisons; reformatories. 
e Charity. 
f Education. 

g The militia and state police. 
h Public works and state highways. 

2 Revenues, from taxes on: 

a Organization of corporations. 

b Current business of corporations ; mortgages; automobiles. 
c Inheritances. 
d Transfer of stocks. 
e Liquor traffic. 

f Property; how apportioned and collected. 

3 The state debt; amount; what contracted for (see Legislative 

Manual). 

Revenues sufficient for ordinary expenses. 

B State control of elections: 

All elections, even of federal officials, under state law. (Secre¬ 
tary of State distributes copies of the law.) 


i6 


1 The franchise; meaning of suffrage; who may vote; recent 
amendment covering woman’s suffrage; disqualifications. 

2 Election districts 

a The state one district for federal officials, federal Senators, 
and for major state officials. 
b Congressional. 
c Judicial. 
d Senatorial. 
e Assembly. 
f County. 
g Town. 
h Village. 

i School district. Supervisory district. 
j City. 
k Borough. 

I Aldermanic. 

Student’s or citizen’s district for each of above elections. 

3 Time of election in each of above districts. Reasons for 
separating local elections as far as possible from state and 
federal elections. 

4 Nominations: necessity for parties in a democracy; party 
organization in election districts; the leader; the primary; 
party enrolment at registration; the direct primary, advan¬ 
tages and disadvantages; nomination by petition; the ascend¬ 
ing scale of committees and conventions; party platforms. 

5 Registrations; why more important in cities than in rural 
districts. 

6 Voting: the polling places; preparation of the ballots; form 
of ballot; reasons for secret ballot; independent voting; 
marking the ballot; straight ticket; split ticket; election 
officers at the polls; challenging a vote; demand for a shorter 
ballot; comparison of the form used in New York with forms 
used in other states; voting machines. 

7 Counting the vote; disposition of ballots; canvassing the 
votes; certificates of election. 

8 Majority and plurality; practice of this State; of other 
states. 

9 Election expenses; how far legitimate; sworn statements by 
candidates; campaign funds; publicity; how raised; for what 
used. 

io Bribery; viciousness of; laws against. 


17 


V Present-day problems 

A Initiative, referendum and recall. 

B Proportional representation. 

C Cumulative voting. 

D Lobbying. 

E Invisible government. 

VI Comparison of state governments 

Newer state constitutions tend to become much more extensive 
than those of older states (Oklahoma an extreme case). Reason 
for this; evils of it; distrust'of state legislatures. Wide diversity of 
laws in the forty-eight states; evils of this; the newly formed and 
extra-constitutional “House of Governors/’ an attempt to lessen 
this evil. 

VII Comparison of state government with that of the English 

counties, French departments, Swiss cantons and German 

states. 

The Federal Government 

The constitution of the United States at the time of its adoption 
embodied the political wisdom of the ages. More profoundly, per¬ 
haps, than any other political document, it has influenced the world 
at large. ^It is the governmental framework of a mighty and grow¬ 
ing world power. It has stood the test of time and “ the shock of 
civil war.” During the nineteenth century the world changed its 
modes of life and business more, it may be, than in all the historic 
centuries preceding; but so adaptive is the constitution of 1789, that 
only a few of its minor provisions, to be amended in the right time 
and in the right way, may be questioned. Such a constitution is 
worth living under, worth dying for, and eminently worth studying. 
It should be studied as history in its proper sequence and in its 
fundamental relations, for only thus can the growth of the United 
States into a great political power be understood. The consti¬ 
tution should be studied a second time as civics, as the guide and 
supreme law of present national life. The student should realize 
that the government established under the constitution not only 
guarantees our rights internally but also is bound to protect us while 
traveling abroad, on the high seas and in foreign countries, against 
the encroachment of any foreign state. 

I The constitution of the United States 
A Its authority and purposes as disclosed in the preamble. 

B Its general scope and limitations [see specially art. I, § 8, 
last*paragraph and amendmentsHX and X]. 


i8 


C Creations of the constitution: 

1 The legislative department: the two houses; the duties 
prescribed for each house; the special privileges and dis¬ 
abilities of the members of each house. 

a The House of Representatives. 

(1) Its members : qualifications; terms of office; distri¬ 
bution; mode of election. 

(2) Special powers of the House. 
b The Senate. 

(1) Its members: qualifications; terms of office; distri¬ 
bution; mode of election; seventeenth amendment. 

(2) Special powers of the Senate. 
c The method of lawmaking. 

d Powers granted to Congress: peace powers; war pow¬ 
ers ; implied powers. 
e Prohibitions on Congress guarding 

(1) Personal rights, (2) state rights, (3) public credit, 

(4) the democratic ideal, (5) religious freedom (see 
the first ten amendments), (6) history of these rights in 
England and America, (7) compare with the consti¬ 
tutions of France and the German Empire. 

2 The executive department 

a The President: qualifications; term of office; mode of elec¬ 
tion: (1) original, (2) as fixed by amendment XII. 
b Powers and duties of the President: executive; legislative; 
judicial. 

c The Vice President: qualifications; term of office; mode of 
election: (1) original, (2) as fixed by amendment XII. 
d Duties of the Vice President. 

3 The judicial department 

a The Court of Impeachment. 
b The Supreme Court. 

(1) The judges, how appointed; number and salary, how 
determined. 

(2) Jurisdiction: original; appellate. 
c Inferior courts, how provided. 

D Prohibitions on state legislatures. 

E Guarantees to the states. 

F Guarantees of personal rights. 

G The formation and admission of states. 

) 


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H Provisions for amendments: how proposed, two methods; 
how ratified, two methods; history of the amendments; why 
it should not be rapidly, thoughtlessly and frequently 
amended. 

I Miscellaneous provisions: definition of treason; the debts of 
the Confederation; the oath of office. 

J The supremacy of the constitution. 

K Comparison with the British, French and German consti¬ 
tutions. 

II The federal government in its relations with the people 

Delegation to the federal government by “ the people of the 
United States ” of such powers as they judged to be essential 
for the establishment of a nation. Control of the people by 
the federal government direct, not through the states, save in 
the case of elections. 

Contact of the citizen with federal activities. 

A Most obvious of these in everyday life: 

1 The currency. 

2 The postal service. 

B Less obvious: 

1 Taxation: 

(a) Duties on imported goods; with incidental effect on 
price of domestic goods. 

(b) Internal revenue; on liquors, tobacco etc. 

(c) Income tax — sixteenth amendment. 

2 Control of interstate commerce; railway rates; pure food 
laws; food consumption. 

C Still less personal, but with the possibility of affecting the 
individual at any time, the control of the federal govern¬ 
ment over: 

1 All foreign relations. 

2 War and peace; the necessary army and navy; the draft; 
food and fuel regulation; railway control; espionage; 
martial law; treasonable speech; suspension of the writ 
of habeas corpus; treaties, commercial and other. 

3 Patents and copyrights. 

4 Standards of weights and measures (conformity with 
these, however, a matter of state regulation). 

5 Naturalization; problems of; the obligations of aliens. 

6 Bankruptcy. 


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7 Property rights through interpretation of the constitu¬ 
tion by the courts as applied to acts of Congress and of 
state legislatures. 

Ill The organization of the federal government 

As in the state and its subdivisions the three great departments 
are required: legislative, executive, judicial. Clearer separation 
of these in the United States than in most other nations; “ checks 
and balances ”; comparison with Great Britain. 

A The legislative department 

1 The organic law 

The constitution; how adopted. 

Amendments to the constitution [for “unwritten constitu¬ 
tion/’ see VII]. 

2 The Congress: two houses 

a The House of Representatives: number of members; quali¬ 
fications ; caliber of men chosen; election; term; vacancies, 
how filled; compensation; apportionment to states; the 
federal census; representatives at large. House represents 
national idea. 

b The Senate: number of members; qualifications; election; 
seventeenth amendment; term; compensation; caliber of 
men chosen; sectional influences; vacancies, how filled. 
Senate represents federal idea. 
c The House of Representatives at work: 

(1) In the main the outline of the methods of the 
Assembly of the State of New York will be a sufficient 
guide, but requiring special attention are: 

(2) The power of the Speaker; history of; now not so 
important as “majority” leader; the position of 
“ minority ” leader. 

(3) The rules of the House;.“ filibustering.” “Leave 
to print ”; limited debate. 

(4) The names and functions of the more important 
committees. 

d The Senate at work: 

(1) The relative dignity of the Senate. 

(2) “ The courtesy of the Senate.” 

(3) The more important committees and their functions; 
conference committee. 

(4) The leaders of the majority and the minority. 


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e Special powers of the House: 

(1) Origination of all money bills: largely overridden 
by free power of amendment in the Senate. 

(2) Presentation of impeachments. 

/ Special powers of the Senate: 

(1) Ratification or rejection of presidential appointments. 
Executive session. 

(2) Trial of impeachments; procedure in impeachment of 
President. 

(3) Ratification of treaties. 

g General scope of powers of Congress: 

Closely limited by the constitution, but 
Effect of “ the elastic clause ”; what it is; how its inter¬ 
pretation affects federal legislation. 

Enumeration of powers: [see art. 1, § 8 of the constitu¬ 
tion] ; “ franking ” privilege. 

3 Comparisons with European legislatures 

a Comparison of the Senate with the British House of Lords, 
the French Senate and the German Bundesrath. 
b Comparison of the House with the British House of Com¬ 
mons, the French Chamber of Deputies and the German 
Reichstag. 

B The executive department. 

1 The President and the Vice President; their nomination; 
qualifications; election; procedure in case of failure to 
elect; the electoral college; its functions; departure of 
college from original idea [see unwritten constitution] ; 
term of president; discussion of its length; reelection 
[unwritten constitution] ; compensation; law fixing the 
right of succession to presidency. 

Functions of the President 
a Legislative, as shown by: 

(1) Messages, annual and special; written and oral. 

(2) Summoning of extra sessions. 

(3) Power of veto. Compare with that of Governor. 
Can not veto single items; “ riders/' 

(4) Party leadership; control of legislation through 
appointing power and through popular support. 

b Judicial, as shown by: 

(1) Reprieve, commutation, pardon. 
c Executive, as shown by: 

(1) Duty to enforce all federal laws. 


22 


(2) Command of army, navy and militia in federal 
service in time of war. 

(3) Power to negotiate treaties. 

(4) Appointment and reception of ambassadors and 
ministers. 

(5) Appointment of federal administrative officials; 
civil service law restrictions; officers of army and 
navy; postmasters; and especially of heads of execu¬ 
tive departments, collectively known as the cabinet. 

(6) Appointment of United States justices. 

(7) Appointment of commissions, standing and oc¬ 
casional; interstate commerce; growing importance; 
tariff commission; labor and industry. 

(8) Appointment of emergency commissions or boards: 
shipping; railway; food; fuel; defense. 

2 The cabinet: 

a Development of the cabinet as a body of presidential 
advisers. Term “cabinet” unknown to constitution; may 
advise, can not control president. Importance of their 
selection; their removal from office. Not members of 
Congress; contrast with British, French and German 
systems. 

b Personnel and functions of the cabinet; the departments 
of the cabinet and the services rendered by each. 

3 Comparisons with European executives 

a Comparison with the British prime minister and cabinet, 
the French prime minister and cabinet, and the German 
chancellor. 

C The federal judiciary: 

1 The Supreme Court; authorized in constitution; dignity of; 
when it may adjudicate upon the constitutionality of an act 
of Congress. Its composition and appointment. 

2 Circuit Courts; number; the justices; appointment; 
number. 

3 District Courts; number; the justices; appointment. 

United States district attorneys and marshals. 

4 Classes of cases under jurisdiction of federal courts; use of 
injunction; interstate commerce. 

5 Comparison with the European systems. Explanation of the 
“ administrative courts ” on the continent. 


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IV Federal finances: instruments of government 

A Revenues, from: 

1 Customs. 

2 Internal revenues. 

3 Sale of public property. 

4 Income tax — sixteenth amendment. 

B Expenditures, for: 

1 Various administrative departments of government. 

2 Army. 

3 Navy. 

4 Post office — nearly self-supporting. 

5 Pensions. 

6 Indians; Philippines. 

7 Public works and highways. 

8 Education; vocational. 

9 Redemption and interest of public debt. 

C The public debt: 

1 Amount; how created; how met. 

2 Comparison with foreign debts. 

D Comparisons with budget-making in Great Britain, France 
and Germany. 

V Review of federal and state powers 

A Powers vested in federal government only. 

B Powers vested in states only. 

C Concurrent powers. 

D Powers whose exercise is forbidden to the federal govern¬ 
ment. 

E Powers whose exercise is forbidden to the states. 

F Powers reserved to the people, and exercisable only by the 
process of constitutional amendment. 

G Under what conditions the federal government may be 
called upon to protect a state against domestic violence. 

H Guarantee to each state by the federal government of a 
republican form of government. 

I Tendency toward centralization of control in the hands of 
the federal government and executive. 

VI Supremacy of federal government 

A State may not contravene United States law or treaty. 

B Fourteenth amendment to constitution; decides first as to 
what constitutes federal citizenship; state citizenship de¬ 
pendent on federal; naturalization a federal function. 


24 


C Citizen’s allegiance not divided, but double; primarily to 
the United States, secondarily to the State. 

VII Growth or development of government seen in: 

A Amendments. 

B The unwritten constitution: 

Ours theoretically a strictly written constitution; contrast 
with unwritten constitution of the United Kingdom of 
Great Britain and Ireland; the constitutional laws of 
France; the constitutions of the German Empire and the 
Swiss Republic. 

Precedents which have hardened into unwritten constitu¬ 
tional provisions in the United States: 

1 The functions of the electoral college. 

2 Incumbency of presidency limited by custom to two 
terms. 

3 Possibility of “ House of Governors ” becoming a 
precedent. 

VIII Comparison of the British and French cabinet and par¬ 
liamentary systems with the presidential and congres¬ 
sional systems of the United States 

A Place of the titular executive in each system: President real 
executive in the United States; sovereign nominal executive 
in Great Britain; cabinet really in control; question as to 
which system yields greater efficiency; difference in prompt 
compliance with popular will; possibility of antagonism be¬ 
tween the executive and the legislative departments in each 
system. 

B Comparison of the government of the United States with 
that of other nations: Great Britain, France, Germany. 
The United States a federal republic. Switzerland and 
Mexico. Meaning of republic. Meaning of federal. 
Difference from confederation. 

1 Centralized republic — France. 

2 Monarchy in form only — the United Kingdom of Great 
Britain and Ireland really a democracy. 

3 Monarchy nearly absolute — the German Empire. 

IX Duties of the citizen 

A To realize that when, in a democracy, the government is bad 
and officials inefficient, the citizens are responsible, for they 
choose the officers. 


25 


B To know that in a democracy, which is government by the 
people, the majority must rule and the minority must follow, 
or the community will be in a constant state of armed 
revolution. 

C To appreciate that the citizen is always represented in the 
government, even though his own particular views are not 
being carried out, and that to get his views to prevail he 
must first convince a majority of the citizens that his views 
are best. 

D To understand that the expression of views, which, if car¬ 
ried into operation, would destroy the government and the 
state, and create a condition of revolution and anarchy, are 
treasonable and punishable with imprisonment or death. 

E To give close attention to these duties, if rights are to be 
preserved: 

1 To follow the doings of public officials by constant reading 
of the press. 

2 To take part in nominations and elections regularly. 

3 To abide by the decision of the majority, even if against 
one’s own views. 

4 To obey the law, even if one does not approve of it, for law 
is the will of the majority. 

5 To work with civic agencies for improvement. 

6 To recognize civic obligations by following all regulations. 
F To think as constantly of duties as of rights. 

G To pledge loyalty and obedience to the town, the State, the 
Nation: 

I believe in the United States of America as a government 
of the people, by the people, for the people; whose just 
powers are derived from the consent of the governed; estab¬ 
lished upon those principles of freedom, equality, justice and 
humanity for which American patriots sacrificed their lives 
and their fortunes. 

I believe it to be my duty to love my country; to support 
its constitution; to obey its laws; to respect its flag and to 
defend it against all enemies, for 

I AM AN AMERICAN CITIZEN! 



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